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Category: Current Issue

Featured Note

Human Mobility and Human Rights in the COVID-19 Pandemic: Revisiting the 14 Principles of Protection for Migrants, Refugees, and Other Displaced Persons

T. Alexander Aleinikoff, Joanne Csete, Guy S. Goodwin-Gill, Ian M. Kysel, Petra Molnar, Kristin Bergtora Sandvik, Monette Zard

Building upon the 14 Principles – which set out how international law should protect migrants, refugees, and other displaced persons during the COVID-19 pandemic and have been endorsed by more than 1,000 scholars worldwide – a group of international law scholars have collaborated to create a series of short essays looking at a set of pressing legal…

Oct 2021

Article

Toolkit or Tinderbox? When Legal Systems Interface Conflict

Christie S. Warren

Toolkit or Tinderbox? The collapse of justice might manifest metaphorically. For example, in November 1985, a guerrilla group frustrated by the government’s violation of a ceasefire stormed Colombia’s Palace of Justice and held all twenty-five of the nation’s Supreme Court justices—along with hundreds of civilians—hostage. In March 2017, more than thirty years later, judges and…

Oct 2021

Article

The Diffusion of the Sandbox Approach to Disruptive Innovation and Its Limitations

Chang-Hsien Tsai, Ching-Fu Lin & Han-Wei Liu

Faced with the challenges posed by disruptive technologies and innovations, many countries have adopted different regulatory approaches, institutional structures, and norms to maximize benefits and mitigate risks. Among such regulatory endeavors, the regulatory sandbox, first adopted by the United Kingdom in its financial sector, stands out as a prominent mechanism to strike a balance between…

Oct 2021

Article

Transitional Justice Cascades

Aleksandar Marsavelski & John Braithwaite

Despite the enormous development of international criminal justice after the Cold War, disappointment with it has never been greater. The International Criminal Court (ICC) faces criticism from all sides. The facts speak for themselves: in nearly twenty years, and having spent approximately €1.5 billion, the ICC secured only three core criminal convictions. At the same…

Oct 2021

Article

Judicial Legitimation in China

Benjamin Minhao Chen & Zhiyu Li

Courts have emerged as vital policymaking bodies of the People’s Republic of China. Chinese courts do not only adjudicate individual cases; they also operate as quasi-legislative bodies by promulgating interpretations on a wide range of fields and subjects. These judicial interpretations—issued in the absence of a live case or controversy— have come to acquire the…

Oct 2021